HomeMy WebLinkAbout05-0910
IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT
MADISON COUNTY, ILLINOIS
BARBARA NORTON, Individually and as
Special Administrator of the Estate of
JAMES SMITH, Deceased,
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Plaintiff
v.
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GEORGIA-PACIFIC CORPORATION
HOLLINGSWORTH & VOSE COMP ANY,
INGERSOLL-RAND COMPANY, and
MICO INC., f/k/a MAUTZ PAINT COMPANY,
Defendants/Peti tioners
EX PARTE PETITION FOR AN ORDER TO TAKE DEPOSITIONS
IN PENNSYL VANIA RELATING TO
AN ACTION PENDING IN ANOTHER STATE
Defendants/Petitioners, by and through their local counsel, Knight & Associates, P.e., in
accordance with Pa. R.C.P. 4007.1 (f) and 42 Pa. C.S. ~5326 hereby petition your Honorable Court
to enter an Order compelling the attendance of various medical providers and medical record
custodians for evidence record deposition to be used in the above-captioned matter, which is
currently scheduled for trial in Madison County, Illinois on March 14, 2005, and in support of which
DefendantslPetitioners state the following:
1. On February 7,2005 Judge DanielJ. Stack, Judge of Madison County, Illinois issued
an Order and Letters Rogatory following his review of a Motion for Issuance of Letters Rogatory to
counsel for the DefendantslPetitioners in the above-captioned matter pending in Madison County,
Illinois and docketed at 04-L-524. See Exhibit I.
2. The trial in the above-captioned case is scheduled to begin on March 14,2005. The
Plaintiff in the above-captioned case is alleging damages to the Estate of James Smith for his
exposure to various asbestos containing products.
3. According to Plaintiffs Complaint, James Smith received medical treatment at the
Belvedere Medical Center, Carlisle, Pennsylvania; the Carlisle Regional Medical Center, Carlisle,
Pennsylvania; the Carlisle Hospital, Carlisle, Pennsylvania; and from the following medical
providers: Dr. George Branscom (Belvedere Medical Center); Dr. John Pennock (Carlisle Regional
Medical Center); Dr. Gregory Keagy (Carlisle Regional Medical Center); Dr. Duckyu Chang
(Carlisle Regional Medical Center); and Dr. Dennis Line (Moffitt Group/Carlisle Hospital) and Dr.
Philip Carey (Moffitt Group/Carlisle Hospital).
4. To prepare for trial in the above-captioned matter Defendants/Petitioners and their
counsel have retained experts to review medical records relating to the treatment rendered to James
Smith.
5. The Defendants/Petitioners have retained Knight & Associates, P.c. as local counsel
to schedule evidence records depositions of the record custodians for each of the three institutions
and the medical providers identified in paragraph 3 above.
6. By a Letters Rogatory signed on February 7, 2005 (See Exhibit 1) the
Defendants/Petitioners were authorized to request the following records from all three institutions
and from all medical providers identified above:
a. All original radiology materials and reports including, but not limited to, x-ray
films, CT scans, bone scans, MRl scans and any other records, materials, or health information
relating to James Smith (SSN 199-03-8216) (DOB 9-9-1916);
b. All original pathology materials and reports including, but not limited to,
tissue slides, paraffin blocks concerning James Smith (SSN 199-03-8216) (DOB 9-9-1916);
c. All medical records or health information including, but limited to, admission
summanes, discharge summaries, operative reports, x-ray reports, pathology reports, notes,
correspondence, studies, emails, phone messages, and any other records or materials relating in any
way to James Smith (SSN 199-03-8216) (DaB 9-9-1916).
7. Representatives of the local counsel have contacted each of the institutions and
medical providers and note the following people are the appropriate deponents for the information
required and authorized by the Letters Rogatory (See Exhibit 1):
a. Belvedere Medical Center (Sonya Slegeal- Kipp and Donald Lozier);
b. Carlisle Regional Medical Center and Carlisle Hospital (Cynthia Hunter for
medical records, Cynthia Varner for pathology, and Eric Harrison for radiology);
c. Dr. George Branscom (Shari Hertzler);
d. Drs. John Pennock and Gregory Keagy (Linda Carricato);
e. Dr. Duckyu Chang (Cynthia Varner);
d. Drs. Dennis Line and Philip Carey (Jo Ann Reichard).
8. Section 5326(a) of Title 42 of Pennsylvania Consolidated Statute provides in
pertinent part as follows:
A court of record in this Commonwealth may order a person who is
domiciled or found within this Commonwealth to give his testimony or
statement or to produce documents or other things for use in a matter pending
in a tribunal outside this Commonwealth. The order may be made upon the
application of any interested person. . . for taking the testimony or statement
or producing the documents or other things. To the extent the order does not
prescribe otherwise, the practice and procedure shall be in accordance with
the court of this Commonwealth issuing the order...
9. The DefendantsIPetitioners request that this Court issue an Order compelling the
appearance for an evidence records deposition only, without the option of providing records in lieu
of a deposition, for each of the individuals identified in paragraphs 7 and 8 above and for the
information listed in paragraph 6 above, with the depositions to begin at 9:00 a.m. on Tuesday,
February 22,2005 at the offices of Knight & Associates, P .C., 11 Roadway Drive, Suite B, Carlisle,
Pennsylvania, and continuing at the rate of one deposition per hour, until all deponents have been
deposed or at such other times and places as the Defendants and Deponents shall otherwise agree.
Respectfully Submitted,
KNIGHT & ASSOCIATES, P.C.
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Gregory H. Knight, Esquire j
Attorney 1.0. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Attorney for Defendants/Petitioners
02/11/2005 12:19 F~~ 61a6561384
Burroughs Law Firm
GlI 0021006
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,
,
,
LErrER ROGATORY
TO; Court ofColllII!onPleas, Cumberland County, Commonwealth of pennsylvania
RE; BARBARA NORTON, Individually and as Special Adminislrlltor of the Estate of
JAMES SMITIi,'Deceased, Plaintiff, vs. HOLLfNGSWORTII &; VaSE COMPANY,
fNGERSOLL-RAND COMPANY, and MICO fNC.,llkhiMAUTZ PArNT COMPANY,
Defendants, Madison County, Illinois No. 04-L-S24
Dear Judge;
The above-captioned civil actia:n for asbestos-Ielated injuries is pending before the
unde,signed Justice of the Third Judicial Circuit, MadisonCounty~ in the State of lIJinois. The
Defendants, Hollingsworth & V ose Company, Ingersoll-Rand Corripany, !U1d MICa, Inc., fIkIa
. .
Mautz !'aint Co., in this action, through iheirlocal counsel, Knight &. Ass~ciates"P,C" ;eek to
. .
. .
. , ,
, "
obtain medical records, origina!" paihology materials and' original radiology materiOls relating in
any way to James Smith, Social Security nUmberi99-03-8216, Do!'fo9/09/1916 from;
I) Belvedere Medical Center Medical Records Department, Carlisle, PA
2) Belvedere Medical Center Pathology Deparl!tient, Carlisle, P A
3) Belvedere Medical Center Radiology Department, Carlisle, P A
4) Carlisle Regiona!" Medical Center Medical Records Depariment, Carlisle, P A
5) Carlisle Regional Medieal Center Pathology Department, Carlisle, PA
'6) ,C~lisle Regional Medical Cenier Radiology Department, Carlisle, PA
7) D~. George B'an5cOm, Belvedere Medical Center, Carlisle, P A ' '
. '. .
8) , . Dr. John Pennock, Carlisle Regional Medical Center, Carlisle, P A'
9) Dr. GregoryKeagy, Carlisle Regional Medical Center, Carlisle, P A
10) Dr. DuckyuChang, Carlisle Regional Medical Ce~ter, Cadisle, PA
11) ,Dr. DeruiiiLine, Moffitt Group, Carlisle Regional Medical Center; Carlisle, PA
12) HolySpirit Hospital Medical Re,cords Department, Hamsburg, P A
13) Holy SpirIt Hospital Pathology Department, Harrisburg, PA
,14) Holy Spirit, Hospital Radiology Department. Hamsburg, PA
02/11/2005 1218 FAX 6186561364
Burroughs law Firm
Ii!J 003/006
15) Cardiov8S.culai Sllfgical Institute, Harrisburg,."A.' '
. ."
through evidence records depositions of the Custodian of Records of said mediCal providers. .'
Thai1k you'for your courtesy in this matter. '
DATED:
'~~
FEB l' 6 2005
IN THE CIRCUIT COURT
THIRD JUDICIAL CIRCUIT
MADISON COUNTY, ILLINOIS
BARBARA NORTON, Individually and as )
Special Administrator of the Estate of )
JAMES SMITH, Deceased, )
)
Plaintiff, )
)
v. )
)
GEORGIA-PACIFIC CORPORATION, )
HOLLINGSWORTH & VOSE COMPANY, )
INGERSOLL-RAND COMPANY, and )
MICO INC., flk/a MAUTZ PAINT COMPANY, )
)
Defendants. )
ORDER
No. 04-L-524 ~IJ ~ .'~.
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Upon consideration of the Defendants' Motion for Issuance of Letters Rogatory
(pennsylavania) in the above-captioned matter, it is hereby
ORDERED
The Defendants' Motion is granted.
ENTERED as an Order of this Court this FEB ~7 o1~Oeiruary, 2005.
By Order:
.~
JUDGE
IN THE CIRCUIT COURT
THIRD JUDICIAL CIRCUIT
MADISON COUNTY, ILLINOIS
BARBARA NORTON, Individually and as )
Special Administrator of the Estate of )
JAMES SMITH, Deceased, )
)
Plaintiff, )
)
~ )
)
GEORGIA-PACIFIC CORPORATION, )
HOLLINGSWORTH & VOSE COMPANY, )
INGERSOLL-RAND COMPANY, and )
. MICO INC., flkJa MAUTZ PAINT COMPANY, )
)
Defendants. )
No. 04-L-524 ~{J t:.t (>..
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MOTION FOR ISSUANCE OF LETTERS ROGATORY
The Defendants, Georgia-Pacific Corporation, Hollingsworth & Vose Company,
Ingersoll-Rand Company, and MICO, Inc., f/kla Mautz Paint Co., in the above-captioned matter,
by and through their counsel, Burroughs, Hepler, Broom, MacDonald, Hebrank & True, LLP,
respectfully move for the issuance of Letters Rogatory to the appropriate authorities in
Commonwealth of Pennsylvania, in the form attached hereto, requesting leave to take
depositions outside the State of Illinois in the above-captioned matter and requiring that the
Custodians of Records for who provided service for or on behalf of James Smith, produce the
following:
A. All original radiology materials and reports including, but not limited to, X-Ray
films, CT scans, bone scans and MRI scans, and any other records or materials
relating to James Smith, Social Security number 199-03-8216, DOB 09/09/1916;
B. All original pathology materials and reports including, but not limited to, tissue
slides and/or paraffin blocks, concerning James Smith, Social Security number
199-03-8216, DOB 09/09/1916;
C. All medical records including, but not limited to, admission/discharge summaries,
operative reports, x-ray reports, pathology reports, notes, correspondence, studies,
e-mails, phone messages, and any other records or materials relating in any way
to James Smith, Social Security number 199-03-8216, DOB 09/09/1916.
As grounds for this Motion, the defendants state the following:
1. The above-captioned case is scheduled for trial March 14,2005;
2. The plaintiff in the case alleges that James Smith developed mesothelioma as a
result of being exposed to various asbestos-containing products.
3. James Smith received medical treatment from Belvedere Medical Center, Carlisle,
PA, Carlisle Regional Medical Center, Carlisle, PA, Carlisle Hospital, Carlisle,
PA, Dr. George Branscom, Belvedere Medical Center, Carlisle, PA, Dr. John
Pennock, Carlisle Regional Medical Center, Carlisle, P A, Dr. Gregory Keagg,
Carlisle Regional Medical Center, Carlisle, P A, Dr. Duckyu Chang, Carlisle
Regional Medical Center, Carlisle, P A, and Dr. Dennis Line, Moffitt Group,
Carlisle Hospital, Carlisle, P A.
4. In order to prepare the case for trial, the Defendants have retained experts to
review the medical materials relating to James Smith.
5. The Defendants, through local counsel, Knight & Associates, P.C., wish to
schedule the evidence records depositions of the Records Custodians of Belvedere
Medical Center, Carlisle, PA, Carlisle Regional Medical Center, Carlisle, PA,
Carlisle Hospital, Carlisle, PA, Dr. George Branscom, Belvedere Medical Center,
Carlisle, PA, Dr. John Pennock, Carlisle Regional Medical Center, Carlisle, PA,
Dr. Gregory Keagg, Carlisle Regional Medical Center, Carlisle, PA, Dr. Duckyu
Chang, Carlisle Regional Medical Center, Carlisle, PA, and Dr. Dennis Line,
Moffitt Group, Carlisle Hospital, Carlisle, P A.
.
WHEREFORE, the Defendants, by their counsel respectfully request that this Honorable
Court allow this Motion and issue Letters Rogatory.
BURROUGHS, HEPLER, BROOM,
MacDONALD, HEBRANK & TRUE, LLP
By:~t,~
JEFFREY S. HE RANK #06182800
BRENDA G. BAUM #06200729
BRIAN J. HUELSMANN #06277690
BRANDY R. BEGER #06281629
Attorneys for Defendants
103 West Vandalia Street, Suite 300
P.O. Box 510
Edwardsville, lIlinois 62025-0510
Phone: (618) 656-0184
Fax: (618) 656.1364
IN THE CIRCUIT COURT
THIRD JUDICIAL CIRCUIT
MADISON COUNTY, ILLINOIS
BARBARA NORTON, Individually and as )
Special Administrator of the Estate of )
JAMES SMITH, Deceased, )
)
Plaintiff, )
)
v. )
)
GEORGIA-PACIFIC CORPORATION, )
HOLLINGSWORTH & VOSE COMPANY, )
INGERSOLL-RAND COMPANY, and )
MICO INC., flk/a MAUTZ PAINT COMPANY, )
)
Defendants. )
CERTIFICATE OF SERVICE
No. 04-L-524 ~{J O~.....
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The undersigned states that on or about the l*'- day of February, 2005,
Defendants Georgia-Pacific Corporation, Hollingsworth & Vose Company, Ingersoll-
Rand Company, and MICO, Inc., flk/a Mautz Paint Co. filed their Motion for Issuance of
Letters Rogatory in the above-styled case and a true and correct copy was electronically
served to all counsel ofrecord.
BURROUGHS, HEPLER, BROOM,
MacDONALD, HEBRANK & TRUE, LLP
BY:~_~
JEFFREY S. H RANK #06182800
BRENDA G. BAUM #06200729
BRIAN J. HUELSMANN #06277690
BRANDY R. BEGER #06281629
Attorneys for Defendants
103 West Vandalia Street, Suite 300
P.O. Box 510
Edwardsville, Illinois 62025-0510
Phone: (618) 656-0184
Fax: (618) 656-1364
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